State v. Kikuta

Dissenting Opinion by

NAKAYAMA, J.

with whom RECKTENWALD, C.J., joins.

I respectfully dissent. In my view, there was no evidence supporting a parental discipline defense instruction under Hawai'i Revised Statutes (HRS) § 703-309(1)(a) (1993). Additionally, the circuit court was not required to issue a special interrogatory on mutual affray sna sponte. Therefore, I would vacate the Intermediate Court of Appeals’ (ICA) memorandum opinion and affirm Cedric K. Kikuta’s (“Kikuta”) conviction.

A. Kikuta Was Not Entitled To a Parental Discipline Instruction Under HRS § 703-309(l)(a) and the Failure To…